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(영문) 대전지방법원 2016.06.01 2015노4100
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (including six months of imprisonment without prison labor, two years of suspended execution, and 40 hours of order to attend a course) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant reflects the instant crime; (b) the Defendant agreed with the victim at the lower court that the victimized person did not want to be punished against the Defendant; (c) the Defendant subscribed to the mutual aid association for personal taxi; and (d) the Defendant has no history of punishment for the past 40 years.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as that the defendant shocked the victim who dried the crosswalk in accordance with the pedestrian signals and suffered bodily injury, that is, the liability for the crime is not less severe, that the victim suffered bodily injury, such as the string of the 12-day chain chain, the victim suffered bodily injury, and that the degree of the injury is significant, such as the defendant's violation of the duty of care, etc.

In full view of the above circumstances and other circumstances that led to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and the conditions for sentencing as shown in the records and arguments, there is no change in circumstances that may vary between the lower court and the sentence. As such, the lower court’s sentence is too too unreasonable, and thus, the Defendant’s improper assertion of sentencing is not acceptable.

3. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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